Published on 7/19/2023, 3:12:00 PM
Knowingly Driving Uninsured Vehicle in Maryland | TA 17-107(a) | Traffic Violation for Driving without Insurance
Maryland law is very strict when it comes to vehicles and insurance: every vehicle on Maryland’s roads must carry the minimum insurance coverage.
Yet, situations arise every day where drivers are stopped while behind the wheel of an uninsured vehicle.
If that’s you, the charge is more serious than it sounds.
This page is about driving without insurance. If you were instead charged with driving without a valid license or on a suspended license, see our driving without a license / suspended license lawyer page, which covers that separate charge.
At FrizWoods, our lawyers have handled these cases across Maryland.
Can I go to jail for knowingly driving without insurance?
In Maryland, knowingly driving an uninsured vehicle is viewed as a misdemeanor traffic violation. Under TA 17-107(a), the maximum penalty can extend to up to a year in jail, five points on a driver’s license and/or a fine of $1,000 for a first-time offense and increase with subsequent violations to up to two years in jail, five points on a driver’s license and/or a fine of $1,000.
However, financial penalties and incarceration are just the start. Beyond criminal penalties, the Motor Vehicle Administration (MVA) can impose additional penalties including suspension of your license, or even revocation in certain scenarios. Engaging a professional criminal defense attorney can help mitigate these penalties, if not dismiss them altogether.
Will I get a warrant if I miss Court for driving uninsured?
Yes, you very well may have a warrant out for your arrest if you missed court on a Maryland criminal traffic case. Because the maximum penalty involves the possibility of incarceration, Judges can - and often do - issue warrants for failures to appear on driving uninsured cases.
What if I had insurance when I was driving?
You might be wondering: what if I actually had insurance but am still facing these charges?
Clerical errors or communication gaps between your insurance company and MVA could result in false charges. Instances like your insurance company failing to send proof of insurance, or a bureaucratic mistake at the MVA, can occur.
If you can present solid proof of insurance, there’s a good chance your charges could be dismissed, or you might be acquitted after a trial.
At FrizWoods, we’ve successfully assisted numerous clients through these legal hurdles.
What if the vehicle wasn’t my car?
Were you borrowing a friend’s car or driving a rental, unaware it was uninsured? It can feel unfair to face penalties for someone else’s oversight. The law is complex, and just saying you didn’t know may not be enough.
A careful defense makes the difference here, and that’s what we build at FrizWoods.
What if I didn’t know my insurance lapsed?
Innocent lapses in insurance payments happen. It could be due to a missed payment, a bank error, or even a simple oversight on your part.
However, the onus is on you to show that the lapse was not intentional. It’s here that professional representation can help, by effectively demonstrating your lack of knowledge about the insurance lapse.
Defenses at trial
Knowledge!
The state must prove that you knowingly drove an uninsured vehicle. But proving knowledge or intent can be complex. At FrizWoods, we excel at challenging this aspect of the state’s case, often leading to a reduction or even dismissal of charges.
Legality of the Stop
Did the law enforcement officer have a valid reason to stop you? We review the details of your case to check. If we can establish the stop was illegal, the resulting charges may be dropped entirely.
Proof of a lack of insurance
The state must provide concrete proof that you were uninsured at the time. While this may seem straightforward, many variables come into play. Our expertise lies in challenging this evidence effectively, often leading to favorable outcomes for our clients.
Speak with a traffic lawyer today
If you’re facing these charges, the details matter. Whether you’re charged with driving suspended in Maryland or driving without a license, our attorneys can help.
Every case is different. At FrizWoods, we put our traffic and criminal defense experience to work for you.
We’re experienced and easy to reach, and we fight hard for our clients. Reach out today for a consultation.
